IRAQ

• Filing Requirements:

1. The name, address, nationality, and occupation of the applicant.

2. A power of attorney legalized up to the Consulate of Iraq.  

3. The classes and subclasses of the goods to be covered by the application. The wording of the list of goods/services to be protected should conform to the local classification, which is similar to the International Classification.

4. Ten prints of the trademark. It is advisable that the necessary prints in the combined Arabic and Latin scripts be prepared locally, as the trademark should be filed in a specific form: the Arabic script should be shown above the Latin script and in large lettering.

5. A certified copy of the priority document duly legalized up to the Iraqi Consulate.

N.B: 

Applications can be filed without complete documents, provided that the originals are submitted within six months from the filing date.

Please be advised that, the Iraqi Trademarks Registrar has  released a new directiveson 7 June 2015 stipulating the submission of a power of attorney legalized up to an Iraqi consulate abroad for all trademark applications whose filing date exceeded six months; otherwise he will apply strictly article no. 16 of the Iraqi Trademarks and Geographical Indication no. 21 of 1957 which states that :

Where registration of a trademark is not completed within six months from the date of the application by reason of default on the part of the applicant the Registrar may inform the applicant, in writing, to complete the registration within the period prescribed in the regulation made under this law. Otherwise he shall be considered as having abandoned the application.

Please be advised that the Iraqi Trademark Registrar has stipulated new directives which have come into effect as of March 3, 2016 whereby a prior full trademark clearance search is now a prerequisite for placing the trademark application on records of the trademarks register and allotting the filing particulars thereof. The official search fees for a trademark per class of goods or services have been reported to be 20,000 Iraqi Dinar.

The authorities confirm that the time frame to conduct the official search will be 10 working days. Based on the search result, the trademark can be filed and progressed to registration or a negative (non-free) search report can be appealed with the civil competent court. 

That is to say, if the search result reveals that the mark is free registration we will proceed with filing the trademark application along with the search result and settle the filing fees in order to obtain the filing particulars of the mark and arrange for the publication of the mark to be made in the Official Gazette of Trademarks simultaneously with the filing of the application since the official search report will be treated and dealt with as a substantive examination of the trademark. 

However, if the search result is negative due to absolute or relative grounds for refusal and the client is interested in pursuing the application we can file the application along with the search result whereby the Iraqi Trademark will allot a filing number and date of the mark and issue an official rejection notice entitling the applicant to file an appeal against the decision before the civil court within thirty days from the notification date in accordance with the provisions of article No. 5 (8) of the Iraqi Trademarks and Descriptions Law No. 21 of 1957.

• Time Frame:

The approximate time frame for completing the registration process of a trademark in Iraq is from 12-18 months.

• Validity:

A trademark registration is valid for ten years from the date of filing the application.

 • Notes:

Once a trademark (word mark in English Language) is registered, its transliteration is automatically protected.

Any trademark application filed in Iraq through the Trademark Office at the Ministry of Industry is protected all over Iraq including Kurdistan Region.

• Renewal Requirements:

1. A power of attorney legalized up to the Consulate of Iraq.  

2. Copy of the final registration certificate or last renewal certificate.

• Notes:

Kindly be advised that, the validity of the trademark registration in Iraq is ten years as from the filing date.  Thereafter, a trademark registration is renewable for further consecutive periods of ten years each. 

The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6-months grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

• Requirements for Recordal of Change of name:

1. A Power of Attorney with the new name Duly Notarized & legalized up to an Iraqi consulate abroad.

2. A certificate of change of name Duly Notarized & legalized up to an Iraqi consulate abroad.

• Requirements for Recordal of Change of address:

1. A Power of Attorney with the new address Duly Notarized & Legalized up to an Iraqi consulate abroad.

• Requirements for Recordal of assignment, merger, or license:

1. A Power of Attorney in the name of the assignee Duly Notarized & Legalized up to an Iraqi consulate abroad.

2. A Deed of Assignment Duly Notarized & Legalized up to an Iraqi consulate abroad.

• Notes:

The change of agent name and address is automatically recorded while providing a POA for the  service in question at no cost.